JUDGMENT OF THE COURT
1. One of the key themes running through the current constitutional regime is public participation in governance and the conduct of public affairs. This Court in British American Tobacco Ltd v. Cabinet Secretary for the Ministry of Health and 5 others [2017] eKLR succinctly underscored the centrality of public participation as follows:
“It is clear that since the promulgation of the Constitution of Kenya 2010, the concept of public participation and consultation has been entrenched. Indeed, the concept is consistent with the principle of sovereignty of the people that permeates the Constitution and in accordance with Article 1(4) of the Constitution is exercised at both national and county levels.”
2. Cognizant of the key role of public participation, the Senate has made attempts to put in place legal framework regulating the same. The first attempt was the Public Participation Bill 2016 (Kenya Gazette Supplement No. 175; Senate Bill No. 15) and the current attempt …